Request Rehearing! (Take Two) (PDF)

37 CFR 41.125(c)(5) says that a party has a right to request a panel rehearing of "a decision [that] is not a panel decision," not that, it will forfeit its right to seek judicial review of the decision! If the authors of 37 CFR 41.125 (who no doubt included Judge McKelvey) had intended 37 CFR 41.125(c)(5) to impose that result, they could have said so in the draft rule.

Publisher :LexisNexis Emerging Issues Analysis
Format: Electronic, 6 Pages , PDF

ISBN: 9781422429983

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